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At their core, a franchise agreement establishes how the franchisor and franchisee will operate together. It also outlines what duties and responsibilities must be upheld by both sides. However, specific franchise agreement types may work better for one situation over another.
A Franchise Disclosure Document includes 23 specific pieces of information (called items), the franchisors franchise agreement, and various exhibits (like a list of current and past franchisees, and audit financials of the franchisor.
Unit franchising is where a Master Franchisee grants the exclusive Franchise Rights to use a brand name and proprietary information to re-sell its goods and services in either a defined area or within that defined area.
The primary franchising documents needed to create a franchise relationship and franchise your business include: Franchise disclosure document. Franchise agreement. Operations manual. Franchise Registration Applications and Notices. Financial Statements.
In exchange for the right to use the franchisor's name and benefit from the franchisor's assistance, you will pay some or all of the following: Initial Franchise Fee and Other Expenses. ... Continuing Royalty Payments. ... Advertising Fees. ... Site Approval. ... Design or Appearance Standards. ... Restrictions on Goods and Services You Sell.
The franchisor's business background, ethics and any past bankruptcies. Fees and financial arrangements. Any restrictions on how the franchisee can source products and services, or what they are allowed to sell.
Unfavourable terms in a franchise agreement Often franchise agreements favour the franchisor because it's usually the franchisor who has written the agreement.
The Franchise Agreement It needs to fully prepare the franchisee to operate from day one. Including automatic or discretionary rights of renewal and the ability to renegotiate terms. Outlining exclusive territory rights, obligations and ability to dilute territory if obligations are not met.